The proposed bill, known as the "Defend the Guard Act," establishes specific conditions under which the Wyoming National Guard can be deployed into active duty combat. It asserts that the release of the National Guard for such purposes is prohibited unless the United States Congress has issued an official declaration of war or has explicitly called forth the National Guard for specific constitutional purposes, such as executing laws, repelling invasion, or suppressing insurrection. The bill emphasizes the importance of adhering to the constitutional separation of powers regarding war declarations and mandates that the governor must comply with these requirements.

Additionally, the bill amends existing law by inserting a provision that states the National Guard may be ordered into service by the President of the United States, but this is subject to the stipulations outlined in the new section regarding the Defend the Guard Act. The act is set to take effect on July 1, 2025.

Statutes affected:
Introduced: 19-9-204